Hartford Underwriters Insurance Company v. Newco International

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

Statement of Uncontroverted Facts and Conclusions of Law Re: Plaintiff's Motion for Partial Summary Judgment

After consideration of the papers and arguments in support of and in opposition to Plaintiff Hartford Underwriters Insurance Company's ("Plaintiff") Motion for Partial Summary Judgment [40], the Court makes the following findings of fact and conclusions of law.

5. On April 12, 2011, Plaintiff paid Defendant $105,000 for alleged business income losses arising from the loss of March 21, 2011. Compl. ¶ 7; Answer ¶ 7.

6. On April 21, 2011, Plaintiff informed Defendant through Defendant's CEO, Mark Johnston, that upon review of Defendant's underwriting file, there was no basis to reform the Policy pursuant to Mr. Adams' April 6, 2011, email. Mayo Decl. for Pl.'s Mot., Ex. F.

7. On April 26, 2011, Plaintiff further explained to Mr. Johnston that there was no indication of any agreement between Plaintiff and Defendant specifying a Business Income Limit different from the limit expressed in the Policy, and there were no grounds for retroactively reforming the Policy to reflect a different Business Income Limit after Defendant had already incurred loss. Id., Ex. H.

9. On June 1, 2011, Mr. Adams re-sent to Plaintiff his April 6, 2011, email requesting reformation of the Policy. Id. at ¶ 14, Ex. F.

10. On June 5, 2011, a Hartford service representative issued a retroactive endorsement, without authority from a Hartford underwriter to do so, which was backdated to February 19, 2011, and purported to increase the Policy's Business Income Limit to $5 million. Id. at ¶¶ 14, 16-18.

11. Plaintiff informed counsel for Defendant on July 15, 2011, that the Backdated Endorsement was issued in error and would be ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.